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    • Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.   Dear Gladstones Solicitors,   Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.   Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.   Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.   First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.   They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]     Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.   (only include reference number and full name here?)   I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?
    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Hi all

 

First time for me on this forum. I have seen several posts regarding nuisance neighbours and was wondering if anyone had experienced mediation, which I attended with my next door neighbour today and also wondered what my options are from now on.

 

My neighbour moved in about 1 1/2 years ago. I have endured screaming from her kid on a daily basis since, made worse by the nice weather when all the windows in her property are opened, she shouts at her daughter all the time and it goes on for hours and starts about 7am even on weekends. Apparently her daughter has mental health issues although she has not yet seen any professional about it.

 

I attended mediation today where the mother stormed off twice, accused me of things that weren't true, attacked me verbally and interrupted me, (this was allowed to happen by the mediator) I wasn't given the opportunity to reply to these attacks. Eventually because she is 'suffering from depression' (again unconfirmed) the family are in no position to keep the noise down, apparently because of the mental health issues, her daughter is not able to be kept quiet, she is unable to stop shouting, the dog needs the back door open to run in and out of the house, when tackled about this they agreed the dog could be let back into the house, but said the windows need opening as they both smoke. It was suggested they go outside which the male agreed to but the female is unable to apparently due to a newly formed agoraphobia (unconfirmed). Despite this she left the meeting to go outside the venue for a fag. A vague agreement was made but it was very wishywashy as she was at the time threatening to drive off in her husband's car, and she can't drive. Therefore I don't see a proper outcome to the meeting.

 

They are risking my career which I have worked hard for, my daughter's and my own health is suffering greatly both physically and mentally and apparently there is nothing that can be done. The mediator fell for the sob story completely and said that nothing could happen anyway as the housing association will not remove a family when there are mental health issues. Is this true?!!!? My neighbour told me it's the way it is and it's going to get worse as her kids get older! Surely there is something I can do about this bully? Everyone seems to fall for her stories and feel sorry for her, but I hear her laughing all the time and talking about similar bullying behaviour towards the mothers at the school her daughter attends too.

 

I hope someone knows how I can take this forward as I really liked my home, but I hate living here now. I've invested a lot of time and money into getting it nice as it was a disaster when I first moved in and am very reluctant to move.

 

I hope someone can help, it's making me feel completely miserable :Cry:

Karlew

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Hi and welcome to CAG. Have you been in touch with the housing association? Anti-social behaviour is generally high on their radar and can lead to eviction.

 

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Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Envrionmental health?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi and welcome to CAG. Have you been in touch with the housing association? Anti-social behaviour is generally high on their radar and can lead to eviction.

 

Thanks for your replies. The housing association are aware of the situation, they insisted on the mediation and arranged it, even though I knew it would be a waste of time. Someone said if I didn't turn up for mediation I'm not willing to sort things out so I did and it was horrible. I was also outnumbered by two to one which I thought wasn't allowed to happen. I don't know what the next step is, it seems that 'mental illness' trumps everything.

 

I was thinking of contacting environmental health but not sure if they would take the same view regarding her inability to stop shouting, even though the woman managed to sit in a stressful situation with me yesterday for two hours without raising her voice once. :???:

 

K

Edited by karlew
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She's not been diagnosed with any condition and neither has her daughter, so it's all a made up story.

Go back to the housing association and insist on an investigation.

Point out their false claims.

There are things you could do to make their life more miserable than yours, but many caggers disagree on such methods.

However, sometimes these animals that happened to be classified as humans because they share our same dna, only understand extreme measures.

I really feel sorry for you.

A few years back my next door neighbour was selling his house and we were terrified at the thought of having nasty new neighbours.

We ended up acting as estate agents and fortunately convinced our friends to purchase the property.

It costed us a lot of hard work because we promised to help them redecorating the whole house, fit a new kitchen and bathroom and help them move in.

We also stored their furniture while work was taking place.

It was worth it!

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At least OP achieved face to face mediation, the Mediator will be aware of both parties demeanour. Mediation outcome takes longer than 24 hrs, poss several weeks, it is not a Courtroom where the guilty can sentenced immediately.

With neighbour disputes, if no satisfactory resolution, the only option is for complainant to move, citing unacceptable neighbour behaviour.

In this case, HA would have to inform new Ts of OPs complaint against the neighbour, or vice versa if offending neighbours vacate.

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  • 1 month later...

Hi Thanks for your replies

 

Just an update. Apparently my problems are not down to anti social behaviour, they are 'lifestyle differences' between myself and my neighbour! :!: The housing association now say they have exhausted all avenues and mediation did not work so the only alternative is for me to move. Shocking. :mad2:

 

They have suggested 'direct matching' which I can only assume is them finding me a house elsewhere. They also added 'away from a family estate'. It's like I hate kids or something, it's really insulting I care for children in my job! It's my next door neighbours screaming brats and stupid mother I can't stand!

 

K

Edited by karlew
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Are there other neighbours who are suffering due to this ?

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Are there other neighbours who are suffering due to this ?

 

Hiya,

 

I assume they must be affected but don't say anything, probably worried about repercussions as she is very aggressive. However, one of my neighbours apparently have made a complaint (funny enough they have young kids) also but they belong to another housing association so can't confirm this as the other HA won't talk to me about it.

 

K

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You could perhaps talk to the other neighbour who has made a complaint. I would think even if they belong to a different HA - the fact that the nuisance neighbour is disturbing others strengthens your case.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Perhaps the other HA will be more proactive.

 

I'd keep complaining to HA and keep a record every time there's a problem. In your tenancy agreement I believe there should be a clause that the HA should ensure you have quiet enjoyment of your property (or words to that effect). Escalate your complaint that the HA are breaking the tenancy agreement. ASB costs HAs a lot of money in legal fees, but likewise your neighbours are breaking their TA by causing problems to neighbours.

Edited by caro

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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